11/18/2021

CONSTITUTIONAL LAW REVIEW

CITIZENSHIP

MODES OF ACQUIRING CITIZENSHIP

1. BY BIRTH
a. JUS SANGUINIS - on the basis of blood relationship
** used in the Philippines.
b. JUS SOLIS - on the basis of place of birth

2. NATURALIZATION

3. MARRIAGE

1987 CONSTITUTION
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1973 Constitution

FILIPINO MOTHER and AMERICAN FATHER = FILIPINO

AMERICAN MOTHER and FILIPINO MOTHER = FILIPINO
Shall continue to be a Filipino citizen under the 1987 cons.
NOTE: Immaterial; illegitimate (child born outside
wedlock/ valid marriage)/;
Married man and woman: legitimate child,
married woman with a child as a result of an
illicit relationship with another man;
legitimate (PRESUMPTION OF
LEGITIMACY),
Married man with illicit affair - illegitimate
Material; Citizenship of the parent

1935 Constitution

FILIPINO MOTHER AND ALIEN FATHER - NOT FILIPINO

FILIPINO MOTHER AND ALIEN FATHER not married -
AUTOMATIC FILIPINO

Treaty of Paris - CESSION OF PHILIPPINES BY SPAIN TO THE US

WHAT WILL HAPPEN TO THE CITIZENS OF THE PHILIPPINES?

Organic Act of 1902
Jones Law of 1916
EN MASSE
FILIPINIZATION/NATURALIZATION EN
MASSE - group of people granted citizenship at
the same time.
● Considered as Filipino Citizen if you are inhabitant of
the Philippines before April 11, 1899 (significance of
April 11, 1899 - effectivity of Treaty of Paris)
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● Born in Spain but migrated to the Philippines and on
April 11, 1899, he is residing in our country.
● Resided before April 11, 1899 in the Philippines even if
you are residing in Spain consequently

TECSON VS COMELEC
NATURALIZATION EN MASSE
Grandfather of FPJ born in Pangasinan in 1800
Ruling: SC said that since the grandfather of FPJ is
residing on April 11, 1899 in the Philippines then he is
considered a Filipino.

1990 onwards
FILIPINO FATHER AND AMERICAN MOTHER =
FILIPINO
FILIPINO MOTHER AND AMERICAN FATHER =
FILIPINO
Applies to both illegitimate and legitimate child

1897 CONSTITUTION
(refer to codal)

CASE OF VICENTE CHING:

NOT A CITIZEN OF THE PHILIPPINES
NO EXECUTION OF AFFIDAVIT OF ELECTION and
OATH OF ALLEGIANCE WITHIN THE 3 YR PERIOD.

CASE OF MA ET AL:
FAILURE TO SUBMIT DOCUMENTS PROVING
ALLEGIANCE TO THE PHILIPPINES TO THE CIVIL
REGISTRY, IS HIS ELECTION OF CITIZENSHIP VALID?
YES. AS LONG AS POSITIVE ACTS WERE
PERFORMED IN ELECTING CITIZENSHIP.
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MODES OF NATURALIZATION IN THE PHIL
LEGISLATIVE
Through the enactment of a law by a Congress
Bill will be filed
3 readings
HR will file a bill to the Senate
President approval
JUDICIAL
Court proceedings
A foreigner will file to the court
ADMINISTRATIVE
Administrative proceedings
BIR

MAIN DIFFERENCE OF JUDICIAL AND

ADMINISTRATIVE NATURALIZATION
Admin Proceedings can only be acquired by
foreigners born in the country.
IF THE ALIEN HUSBAND FILED FOR petition
of cancellation of alien certification, NO NEED
TO FILE BEFORE THE BUREAU OF
IMMIGRATION.. Same as the alien wife.
TAKE NOTE: The wife and children do not need
to file a petition. Automatic..

Naturalization cannot be collaterally attacked. (not

the main issue in the case, just a minor issue)
UNLESS you file to the court assailing such.

RES JUDICATA - once an issue is passed upon a court,

it cannot be litigated again. CIVIL CASES

Res judicata does not apply in citizenship issues

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DOCTRINE OF INDELIBLE ALLEGIANCE - #3 loss of
citizenship

REACQUISITION

GRACE POE CASE

Foundings are considered natural born citizen
Presumption of filipino citizenship - founding in
visayas at the time grace poe was born are actually
Filipino citizen… based on Probability

LEGISLATIVE DEPARTMENT